We are instructed by the Chairman and members of the
Nantwich Walled Garden Society
in connection with the . . . planning application for the
construction of 6 terraced houses and 2 flats.
The Nantwich Walled Garden Society was formed in 2002
with the specific purpose of ensuring the restoration of the garden walls,
which are a Grade II listed building, and the development of the Walled
Garden site for use as a community garden.
Outline Planning Permission and Planning
History
1. Our clients do
not accept that outline planning application reference P00/0757 grants
permission for residential development on the Walled Garden site. It
is clear from documents and planning files held by the planning department
of Crewe and Nantwich Borough Council that the Walled Garden site,
although included in the application area, was specifically excluded from
the proposals for residential development of the adjacent area of Kingsley
Fields.
2. The Nantwich
Walled Garden Society has previously been in correspondence with the
Council regarding the Walled Garden site. The Council asserts that
the site has the benefit of outline planning permission for residential
development (which is not accepted by the Nantwich Walled Garden
Society). The Council indicated that it has taken legal advice from
Rachel Goddard of the Council's legal services. The legal advice
was, however, verbal advice and it is unclear what documents and other
information about the site were provided for the solicitor to consider at
the time the verbal advice was given.
In those circumstances, we would request Crewe and Nantwich Borough
Council to review the planning files and documents and to seek legal
advice from specialist planning counsel before planning application
reference P08/0917 is determined. Clearly there can be no grounds
for a planning application in respect of reserved matters in the absence
of an outline planning permission for residential development on the area
that is the subject of the reserved matters application.
3. Reserved matters
application P01/1286 for residential development with associated highways
and drainage at Kingsley Fields and Malbank School was considered by the
development control committee of the Council on 2 April 2002. The
committee report confirmed that:
"Outline planning application P00/0757
for residential development to the north of Welsh Row was granted in
September [2001]
the permission envisaged a development of around 366
dwellings. It was subject to a number of conditions relating inter
alia to
the restoration of the walled garden
".
The committee report therefore confirms that the outline planning
permission P00/0757 for residential development did not include outline
planning permission for development with housing on the Walled Garden
site. The Council's intention was that the Walled Garden site would
be restored, not developed for housing.
4. Reserved matters
application P03/1515 for two two-storey blocks of four apartments was
considered by the development control committee on 27 July 2004. The
committee report indicates that:
"The application has been submitted on
the basis of the applicant's incorrect interpretation of the provisions of
condition 11 of outline planning permission P00/0757 for the Kingsley
Fields residential development. Condition 11 states in full
that:
"The reserved matters application which relates to the part of the site
containing the walled garden at the rear of Townsend House shall include a
programme for its restoration and a design statement to justify the means
by which the area it encloses will be developed
Reason:- to ensure that the walled garden which is a listed building is
preserved and incorporated within the development
adequately."
It is not accepted that condition 11 implies that land within the listed
walls should be "developed" with housing or apartments to fund the
restoration or repair of its walls. To allow the garden to be
developed with residential units in this way and as proposed by this
application would only serve to destroy the setting of the Grade II listed
wall as well as its historic function".
The planning officer goes on to indicate in the committee report that his
view is shared by English Heritage which had stated that:
"The space enclosed by the wall is important to the integrity of the
heritage asset. The application scheme would be seriously
detrimental
[The] area of the gardens should not be developed with
buildings."
The planning committee report goes on to say that:
"As demonstrated from the representations of the Nantwich Walled Garden
Society and by many objectors, the garden could clearly be "developed" for
a number of alternative purposes which would enable its appropriate
restoration and development."
The planning officer goes on to indicate that appropriate restoration and
preservation would include its restoration as an Elizabethan sensory
garden with the provision of associated facilities to enable public access
and satisfactory maintenance. The planning officer indicated that
such restoration would most appropriately safeguard the special historic
interest of the Walled Garden.
The committee report therefore confirms that the Council never intended
that development for housing or apartments should take place within the
Walled Garden.
5. Reserved matters
application P03/1515 was refused on 27 July 2004 because "the proposed apartment buildings, access and
parking arrangements would occupy a very large part of the area within the
walls, and consequently the scale and design of the development would
fundamentally damage the setting, character an special historic interest
of the listed Walled Garden".
The proposed
development was contrary to policies BE10 (listed buildings development
proposals) and BE11 (changes of use for listed buildings) of the Adopted
Crewe and Nantwich Local Plan.
In addition, the
reserved matters application failed to demonstrate why additional
residential development over and above that granted planning permission
under reserved matters application reference P01/1286 was required to
secure compliance with condition 11 of outline planning permission
reference P00/0757. The Local Planning Authority decided that the
extensive residential scheme at Kingsley Fields should generate the
necessary funding for restoration of the Walled Garden as required by
condition 11 of outline planning permission reference P00/0757, and to
preserve the listed building in accordance with policies BE10 (listed
buildings development proposals) and BE11 (changes of use for listed
buildings) of the Adopted Crewe and Nantwich Local Plan.
6. Reserved matters
application reference P05/1100 for residential development for eight flats
and restoration of walls around the Walled Garden was refused on 25
October 2005 because the proposed building was out of keeping with and
harmful to the setting of the Walled Garden and the adjacent Nantwich
Conservation Area. The proposed building was also too close to the
listed walls and its location and size would result in a loss of the open
character of the Walled Garden. The proposed building materials were
harmful to the character and appearance of the listed walls and the
adjacent conservation area.
The proposed
development was contrary to policies BE7 (conservation areas), BE9 (listed
buildings alteration and extension) and BE10 (changes of use for listed
buildings) of Crewe & Nantwich Replacement Local Plan
2011.
The Borough of Crewe & Nantwich Local
Development Plan 2011
7. Section 38(6) of
the Planning and Compulsory Purchase Act 2004 states that:
"If regard is to be had to the
development plan for the purpose of any determination to be made under the
planning acts, the determination must be made in accordance with the plan
unless material considerations indicate otherwise".
8. Section 70(2) of
the Town and Country Planning Act 1990 requires the Local Planning
Authority to have regard to the development plan in determining planning
applications.
9. The development
plan currently comprises the Borough of Crewe and Nantwich Replacement
Local Plan 2011 ("the Local Plan").
10. Paragraph 7.1 of the Local
Plan states that the objectives of the Local Plan so far as housing is
concerned are inter alia:
-
to ensure that the
scale and design of new housing development is consistent with the
character of the surrounding area;
-
to protect and promote
environmental policy in residential areas.
11. Paragraph 7.4 of the Local
Plan confirms that "priority will be given to the reuse of previously
developed, vacant, derelict or underused land".
12. The proposed development on
the Walled Garden site does not comply with the overall objectives of the
local plan so far as they relate to housing. The Walled Garden site
is previously undeveloped.
13. The Walled Garden site does
not fall within any of the allocated housing sites as shown on the
proposals map annexed to the Local Plan. Development on the Walled
Garden site is therefore subject to policies BE1 BE5 of the Local Plan
(policy RES2 refers).
14. Policy BE1 of the Local Plan
indicates that proposals for new development must be compatible with
surrounding land uses and must not prejudice the amenity of future
occupiers or the occupiers of adjacent property in any way.
15. The proposed development of
the Walled Garden site prejudices the amenity of occupiers of adjacent
property because of visual intrusion and the removal of an historic garden
site.
16. The walls of the Walled
Garden are listed as a building of historic interest. In addition,
the Walled Garden lies within a designated site of archaeological
potential as shown on the proposals map annexed to the Local
Plan.
17. Policy BE16 of the Local
Plan indicates that development proposals affecting areas of
archaeological potential will only be permitted where the planning
applicant demonstrates that there will be no damage to the known or
presumed archaeological interest of the site and that the archaeological
interest can be accommodated through either preservation in situ or
excavation and recording. In addition, the design of the development
must avoid unnecessary damage to the archaeological remains that are
considered to be worthy of preservation in situ. The Local Plan
confirms the importance of archaeological resources which are finite and
non-renewable and takes note that once lost they are lost
permanently.
18. Paragraph 7.15 of the Local
Plan confirms that the development of unallocated or "windfall" housing
sites can make an important contribution to the total housing provision in
the Borough, especially where previously developed, derelict, vacant or
underused urban sites are utilised. The Walled Garden site is
previously undeveloped and the proposed development is therefore
inappropriate.
19. Paragraph 7.16 of the Local
Plan confirms that the Local Planning Authority will resist "town
cramming" and will seek to maintain green spaces within the built
environment where they are useful and attractive. Development of the
Walled Garden site would amount to "town cramming" and would contravene
the Council's objectives so far as resistance of "town cramming" are
concerned.
20. The walls of the Walled
Garden were designated as a listed building on 1 August 1986. Policy
BE9 of the Local Plan indicates that development proposals for the
alteration or extension of a listed building or any feature of special or
architectural or historic interest which contributes to the reasons for
its listing will not be permitted unless the proposal respects the scale,
materials, colour, detailing and other significant feature of the building
concerned and the proposal does not detract from the character or setting
of the building concerned, especially with regard to its surrounding
gardens, landscape, street scene or relationship with adjoining buildings
and significant views. The Local Plan goes on to emphasise the
importance of conservation of listed buildings. The Local Plan
confirms that the setting of a listed building may include not just
ancillary land but also land some distance away.
21. The proposed development
will adversely affect the setting of the listed building.
22. The proposed development
includes the removal of part of the historic wall to enable access to the
Walled Garden site for vehicles. The proposed development is
therefore contrary to policies BE9, BE10 and BE11 of the Local Plan which
emphasise the importance of preservation of listed buildings and retention
for their original use.
23. The proposed development
would not only result in destruction of part of a listed building it would
also adversely affect the setting of the remaining parts of the
wall.
Material Considerations
24. Material considerations
should also be considered by the Local Planning Authority in reaching a
determination on the application and these are set out below.
The Nantwich Walled
Garden
25. The Walled Garden once
formed part of the grounds of Townsend House, a late 16th
early 17th century mansion that was built by Richard Wilbraham
and was occupied by the Wilbraham family until 1780 and was then used at
various times as a brewery, a clothes factory and a shoe and boot
manufacturing site. The last remaining parts of the house that was
once visited by James I were demolished in 1964.
26. The Wilbraham archives kept
at the Cheshire Records Office indicate that an elaborate formal garden
was created adjacent to Townsend House between 1622 and 1638. The
records include a detailed inventory of items purchased for the house and
gardens and represent one of the most comprehensive sets of documentation
for an early 17th century garden in England.
27. The architectural and
historic significance of the Walled Garden is recognised by the listing of
the walls as a Grade II listed building. The garden walls stand up
to 3m high.
Nantwich Conservation
Area
28. The Walled Garden is
immediately adjacent to the Nantwich Conservation Area which includes
Welsh Row.
29. The Nantwich Conservation
Area Appraisal Consultation Draft was adopted on 2 May 2006 with interim
draft proposals. One of the proposals is to extend the boundary of
the Nantwich Conservation Area to include the Walled Garden.
30. Paragraph 2.12 of the
Consultation Draft states:
"
[an] extension is justified to
include the formal walled garden to the former Townsend House
given that
this area has now been recognised as a late / post medieval part of the
former Townsend House belonging to Richard
Wilbraham
".
31. The proposed inclusion of
the Walled Garden within the Nantwich Conservation Area is indicative of
its local and national historic importance.
Planning
Policy Guidance 15: Planning and the Historic
Environment
32. Planning Policy Guidance 15
("PPG15") recognises that the historic environment should be valued and
protected as part of this country's cultural heritage. PPG15 also
recognises that the physical survivals of the past form an irreplaceable
record: they contribute to local distinctiveness and enhance the local
scene, as well as being important for leisure and recreation.
33. As recognised in PPG15, the
planning system has to make provision for development to meet the economic
and social needs of the community as well as protecting an enhancing the
environment and preserving the national heritage. PPG15 indicates
the importance of reconciling the need for economic growth with the need
to protect the natural and historic environment which is by its nature
irreplaceable.
34. As recognised in PPG15,
although the historic environment cannot remain unchanged, the impact of
proposals for new development on the historic environment has to be given
full weight when planning applications are considered.
35. The historic importance of
the Walled Garden was recognised by its designation by the Council as a
building of historical interest on the plan annexed to the Kingsley Farm
planning brief dated 1 November 2006.
In conclusion, the Nantwich Walled Garden Society
objects to the planning application on the basis that development of the
Walled Garden is inappropriate and unnecessary and will result in the
destruction of an important historic garden site that cannot be
replaced.
l
Knight's logo taken from the firm's
website.
